AB 1466, which went into effect on July 1, requires state recorders, real estate brokers, agents and insurance companies to modify property records by redacting racial restrictions.
A new state law mandating the removal of language banning people of color from buying residences has drawn special attention in Marin, which is known for a history of racial housing discrimination.
Discriminatory covenants have been legally unenforceable since the U.S. Supreme Court case Shelley v. Kraemer in 1948 and illegal under the Fair Housing Act of 1968. But that’s only part of the racial reckoning in housing being undertaken by Scott’s office. She said the recorder’s office has taken a proactive approach to locating and reviewing CC&Rs –– covenants, conditions and restrictions — and striking the discriminatory language.
The database includes maps and graphs charting the number of racial covenants currently cataloged. The numbers spiked in 1940 with 337 recordings that year, in the midst of World War II. The numbers dip in the latter years of the war as Liberty Ship construction waned, but spike to 603 in 1946 following the war and to 634 in 1950.
Romeo Arrieta, chief executive of the Marin Association of Realtors, said his office is working collaboratively with the county on the rollout and implementation of the law. Felecia Gaston, a nonprofit director and social advocate in Marin City, said the timing of the new law aligned with the ongoing celebration this year for Marin City’s 80-year anniversary.
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